Vacations have accumulated. Rules for registering unused vacations. What caused the conflict?

The Labor Code obliges the employer to provide its employees with annual paid rest for a total duration of 28 days. For special conditions during work, special territorial conditions or certain categories of individuals, additional paid or unpaid periods of rest are also provided. What happens when an employee does not manage to use his legal break days in a timely manner? Our article about unused vacation for last year takes into account all changes in the Labor Code of the Russian Federation on vacation pay.

From the article you will learn:

1. According to the new law, will days of primary vacation disappear if an individual does not use them on time?
2. Are extra vacation days lost?
3. Is there any news in the legislation regarding combustible vacation days?
4. When can unused vacation days expire?
5. What actually happens to unused rest periods
6. Does the employer notify its staff about days off?

Does unused vacation from previous years expire?

According to Art. 115 of the Labor Code of the Russian Federation, employees are entitled to annual rest, which lasts 28 days. In some cases, extended basic leave may be granted.

This period of break from work is provided for each year worked, while for the first time the employee has the right to go on vacation after six months from the date of hire, but if the employer does not mind, then he can go on vacation earlier.

If for any reason an employee does not go on vacation within a certain period of time, then the days of rest continue to accumulate and in no case are burned out, but are transferred to later periods.

An employee can receive monetary compensation at any time only for part of the annual break in work exceeding 28 days (meaning employees who have the right to extended leave, or those who have the right to additional leave, Article 126 of the Labor Code of the Russian Federation), or for all non-time off days. days upon dismissal (Article 127 of the Labor Code of the Russian Federation).

Do unused vacation debts expire or not if the vacation is additional?

Certain categories of workers listed in Art. 116 of the Labor Code of the Russian Federation, in addition to the main rest, additional paid holidays are provided, the minimum duration of which is also established by the Labor Code.

According to the norms of Art. 126 of the Labor Code of the Russian Federation, additional periods of interruption in work can be replaced by monetary compensation. But there is a limitation. Pregnant women, minor workers and persons working under hazardous working conditions cannot receive monetary compensation even for additional leave without dismissal. They are required to take their vacation off.

What happens to unused vacation for last year under the new law?

There have been no changes regarding unused vacation for a very long time. Previously, it was possible to replace days not taken off with monetary compensation, but for more than 10 years this can only be done with days of additional leave. For basic leave, compensation can only be paid upon dismissal.

According to Art. 124 of the Labor Code of the Russian Federation, failure to provide the main rest period for two years in a row is unacceptable. It is understood that the employee must use at least part of the rest time. But even if the days accumulate over a long period, the vacation still does not expire, but is either transferred to the next year, or compensation for unused days can be paid upon dismissal.

When do unused vacation days expire?

As has already been said, no matter how long the periods of legal break in work accumulate, they cannot burn out. They are either postponed to a later date, or paid in the form of compensation upon dismissal or without dismissal, if we are talking about days of additional leave.

If it doesn’t happen that unused vacations are burned, then where do they go?

The employer is obliged to warn the employee that, according to the approved schedule, he will have to go on vacation, at least 2 weeks before the start of such vacation. If the employer does not do this or if the employer does not transfer vacation pay on time, then the employee has the right to ask for the vacation time to be postponed to another date. This is stated in Art. 124 Labor Code of the Russian Federation. Moreover, if, due to production needs, it is not possible to let the employee go on vacation this year, then the vacation can be postponed to a later time. But it is impossible for the actual vacation to begin later than 12 months after the working year for which the vacation is granted.

It should be borne in mind that a worker is not considered a calendar year, but a year that begins from the date of hiring and lasts 12 months, and, accordingly, a year that begins 12 months after the date of hiring and also lasts 12 months, etc. .d.

For example, for an employee who was hired on June 8, 2015, the working years are as follows:

If vacation days still remain unused, then there are several options to solve the problem:

• postponement of vacation to a later date;
• payment of compensation for unused days, if we are talking about additional vacations or days of extended basic vacation beyond 28 days;
• payment of compensation for unused vacation upon dismissal.

In any case, vacation days do not disappear anywhere.

Must an employer notify an employee if there are unused vacation days?

Before forming a vacation schedule for the next year, the person in charge must notify the staff of the length of vacation they can expect. And in addition to rest for work in the coming calendar year, the schedule also includes those days that were not previously used for work in previous periods.

Every employee who carries out his labor activity is entitled to a legal one.

Therefore, he must know how vacation days are calculated.

This is necessary in order not only to properly plan your vacation, but also to know what monetary reward should be awarded to him.

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Legal grounds for leave

The Labor Code of our state clearly states that every working person has the right to regular rest (), and the employer is obliged to provide it. The following types of leave are established:

• regular, the minimum duration of which is 28 days, but enterprises and institutions have the right to increase the number of days in their internal documents
• for child care, its duration is established by special legislation
• for pregnancy and childbirth, it is provided to women, it is also called sick leave
• educational, which is given to those persons who are undergoing training and are sent to take exams or a session
• additional, which you can take at your own expense, in the form of various days off for family reasons
• sick leave if the employee gets sick and needs treatment
• special, given to employees who work in exceptional climatic zones (for example, the north)

It should be noted that the employer is obliged to provide such rest according to the approved schedule, and after the employee has worked for one calendar year. In some cases, it is possible to take it after working experience of 6 months, but its length will be shorter (no more than one week).

The employee has the right not to take another vacation, but in this case he will be entitled to a cash payment in the amount of the required vacation accruals.

Vacation days calculation process

Having understood what types of vacations exist, you can move on to the rules for calculating them.

Basically, in all enterprises and institutions, the number of days for rest is 28 days.

That is, after working a calendar year, the employee is entitled to this amount of time for well-deserved work.

In order to correctly understand the calculation rules, you need to know the calculation formula; it consists of two main parts.

The first is the average value, which is taken based on the number of vacation days per month worked. It is 2.33 days.

The second value is the number of days worked, which does not include time spent on sick leave, time off, or absence from work for unexcused reasons.

Thus, the calculation formula is simple: the number of months worked is multiplied by 2.33, and the time is obtained. For example, for half a year it will be equal to: 6 x 2.33 = 13.98 days, that is, after rounding it is two weeks.

A more difficult task is for those organizations where the length of vacation is more than 28 days, for example 34 days. Then in one month the total number of days will be: 34: 12 = 2.833.

Many people are interested in the question of how vacation days are counted as days off. To deal with this, it is necessary to study the Labor Code, as well as other regulations that regulate this issue.

Analyzing them, we can come to the conclusion that weekends, which include holidays, are not taken into account when calculating vacation days, and in no way affect their number.

But there is one caveat. If the employee’s day off falls on a weekend or holiday, then he must report to the workplace after the weekend or holiday.

But obliging an employee to go to work on a working day that is before a weekend or holiday is prohibited, since such a requirement shortens his mandatory rest, and this is a violation.

Some workers who know their rights take a well-deserved rest during months when there are many public holidays, such as May or early January. Thus, they increase their vacation by the number of holidays, and this is legal.

The last point is to determine the number of working hours that will not be included in vacation accounting. As stated, these are sick leave, absenteeism, as well as absence from work for family reasons, or absenteeism.

If the total number of such days is equal to a month, then 2.33 will need to be subtracted from 28, and accordingly the rest time will be reduced to 26 days.

If the number of sick days, absenteeism, and other reasons for absence from work is less than a month, then full leave is granted.

If an employer counts the number of holidays and weekends in the total amount of vacation, this is a serious violation. This cannot be done.

Calculation of special holidays

Some people work in enterprises that are located in special climatic zones, or have a strong impact on human health (working in hazardous conditions).

The process for such vacations is as follows.

First, the mandatory number of days is taken into account, and then a so-called allowance in the form of additional daily hours is added to them.

For different professions and climate zones, this premium may differ. For some, 10 days are added, for others - 4. To find out about this, you need to contact the administration of the enterprise.

Employees who are entitled to such preferential leave are as follows:

• cosmonauts and equivalent workers of the specified industry
• military personnel, as well as equivalent police officers and other paramilitary law enforcement agencies (for example, the FSB, border guards, the prosecutor's office, the penitentiary service, judges)
• workers who carry out their labor activities in the north, as well as other surrounding districts
• those who work in hazardous enterprises, the list of which is established by regulations
• workers of mining and metallurgical enterprises
• sailors who go on long voyages, as well as pilots, depending on the hours flown
• customs officers

Their vacation days process follows the scheme described above and is no different. Even if the amount of time for their rest ranges from 30 to 50 days.

For comparison: if a police officer has not worked for a full year, but decides to go on vacation after 6 months, then he will be entitled to only 15 days (with the required vacation of 30 calendar days).

Answering the question of how vacation days on weekends are calculated for such categories of employees, you can give a clear answer, just like for other employees.

The process of calculating vacation pay is not difficult; the main thing is to know the number of allotted rest days and the number of full days worked in a year. The following is a simple mathematical calculation.

Learn more about calculating vacation days in the video:

Submit your question in the form below

People who are employed are often interested in the question of whether vacation time is lost or whether it can be used in the future. It is worth knowing the norms of the Labor Code in order to properly build relationships between a subordinate and a manager, including in matters of rest time. According to the Labor Code, workers have the right to rest. The period when the employee does not work but rests is paid. This right is reflected in legislation. In most cases, this period is 28 calendar days; there are other lengths of time.

Unused vacation – unused vacation days for one reason or another. This can be an extreme demand in the workplace. Perhaps the employee, on his own initiative, decided to go without vacation. The reason is not that significant.

Procedure for registering unused vacation period

It is necessary to record the vacation not taken off, otherwise it may burn out. HR department employees are required to deal with these issues. If the enterprise is not large, then perhaps the accounting department deals with such things. The employee has the legal right to inform management of his intention. He can choose either to receive a cash payment or to rest for the prescribed period.

The next vacation is provided once a year. It is calculated after twelve months of work. The employee must submit a written application, after he has worked for 6 months at the enterprise.

By law, the manager must satisfy your right. If a person has worked for a calendar year, this means that he has unused regular vacation. In this case, leave is granted upon request. Management's arguments about production necessity and indispensability are unjustified.

The reality is somewhat different from the “letter of the law”. It is unlikely that anyone will conflict with management. In this case, you could lose your job. Under such circumstances, solutions are found that would satisfy each of the parties.

The law stipulates that if an employee does not rest, he is entitled to monetary compensation. It may be required in some cases. There are certain conditions that indicate the protection of workers' rights. Laws are adopted taking into account that managers of large and small enterprises cannot mislead people and simply exploit them.

There are bodies whose responsibility is to monitor the process of compliance with the rule of law in organizations. The employer must monitor the health and rest of subordinates. If employees do not take rest for any reason, and there is a vacation debt, they are awarded compensation.

Conditions for payment of compensation

Instead of non-vacation leave, upon dismissal, an employee is entitled to accrual of compensation payments. When drawing up the order, the administration indicates that there is unused vacation for several years. It comes in several types:

• The next one.
• Special.
• Additional, etc.

Is it possible to receive payment without leaving the company? Perhaps, if the employee rested for at least half of the required period. Only then is compensation paid. Does unused vacation expire? Unused vacation from previous years does not expire.

In accordance with Article TC No. 124, an employee has the right to use all accumulated vacation days for previous years with a particular employer. It is possible to add days to the current next vacation. This question arises often - if I didn’t take vacation over the past year, does my vacation expire? For example, if there are days left over from last year, they automatically transfer to the next year. Perhaps add 13 days to your next vacation. In case of dismissal, in accordance with Article No. 127 of the Labor Code, the employee has the right to:

• Receiving monetary compensation for unused vacation.
• Submitting an application for vacation with further dismissal (at one’s own request, if for other reasons it is not paid and vacation days are running out).

Unused vacation arrears expire in 2020

Do vacations from previous years expire? The answer to the question is unequivocal - no, both the unused vacation period in 2016 and in 2020 does not expire. Workers who, for various reasons, practically do not rest, accumulate debts on vacation days that are quite large.

This situation, as a rule, does not suit the employer. For the following reasons:

• The labor inspectorate will be interested in the issue of inadequate rest for employees.
• For accumulated vacation days, compensation will have to be paid upon dismissal of an employee, on the basis of Labor Code Article No. 127. Therefore, managers offer employees all kinds of options for canceling vacation time for previous years.

Disposal options, advantages and disadvantages:

• The employee takes off the vacation period in parts or in full (TC Article No. 125). Receives proper rest, as well as payment (vacation pay).
• Sometimes management suggests dividing the period into short periods, mainly weekends. At the same time, the employer argues that this is a benefit for the employee, since he will receive greater material benefits. A certain amount (vacation pay) will be paid for a day off. So the vacation will be burned (debt on vacation days).
• The worst option is to take another vacation and continue working. The employee receives vacation pay, but loses his salary, since he is officially on vacation.

Important! The same rules apply to additional vacation days as to regular ones. Additional unused days can be used by adding them to the current, upcoming vacation. Or, upon dismissal, you will be paid compensation, in accordance with Article No. 127 of the Labor Code of the Russian Federation.

As for 2020, the Labor Code of the Russian Federation does not change. Workers are entitled to rest once a year. If people continue to work during this period, then, according to Rostrud letter 1921-6, a citizen who has not rested has the full right to all unused vacation days. There are no changes in this matter in 2020.

The reasons why an employee does not use vacation in the next year can be different: production necessity, the desire of the employee himself.

According to the general rule established by Article 122 of the Labor Code, the employer is annually obliged to provide employees with paid leave. In exceptional cases, vacation may be postponed to the next working year, but this requires the simultaneous existence of the following conditions:

Providing leave to an employee in the current working year may adversely affect the normal course of work of the organization;

The employee agrees to postpone the vacation (part three of Article 124 of the Labor Code of the Russian Federation).

Labor legislation prohibits failure to provide an employee with annual leave for two consecutive years.

So, if due to production needs (with the employee’s consent) the employee is not granted leave in the current working year, the employee must take the vacation within 12 months after the end of the working year.

For example, the employee’s working year is from June 1, 2013 to May 31, 2014. Due to production needs, the employee was not provided with leave this year. The employee must use vacation for this working year before May 31, 2015.

Registration of transfer of vacation to the next year

So, the employer, due to production needs, decided to postpone the employee’s vacation to the next year. The employee agrees with this decision.

Please note that labor legislation does not require that the employee’s consent to postpone the vacation be formalized in writing. However, in order to avoid conflict situations, the personnel officer may ask the employee to confirm in writing his consent to postpone the vacation to the next year.

Having received such consent, the employer issues an order to transfer the employee’s vacation to the next working year. If the vacation is postponed to the next calendar year, the new vacation date will need to be reflected in the vacation schedule, which will be drawn up later, for the next calendar year.

Note that, according to Rostrud, it is possible to take into account unused vacations in the vacation schedule for the next calendar year. Or ask the employee to write an application for unused vacation in the current year.

If you have accumulated a lot of unused vacations

It is quite common for employees to accumulate vacation leave over several years. Accordingly, the employer is faced with the question: what to do with the accumulated vacation time?

Labor legislation gives the only answer to this question: in order to avoid administrative liability for violation of labor laws, employees must be provided with all accumulated unused vacation days.

Please note that the employer is obliged to provide the employee with all unused vacation days, and upon dismissal, pay compensation for all “unused” vacation days. Regardless of the period during which these vacations are accumulated, they do not expire.

Compensation for unused vacation

Many employees mistakenly believe that if they do not take vacation this year, the employer is obliged to pay them compensation for unused vacation. The personnel employee must explain to employees: compensation for unused vacations is paid only upon dismissal (Article 127 of the Labor Code of the Russian Federation). If the employment relationship between the employee and the employer does not terminate, as a general rule it is impossible to pay compensation for “non-time off” vacations.

An employer can pay compensation for unused vacation only if the employee’s vacation duration exceeds 28 calendar days. Moreover, compensation can be paid only for days exceeding standard leave.

Please note that the employer does not have the right to independently decide to replace vacation days with monetary compensation. He can do this only if the employee submits a written application for payment of monetary compensation instead of vacation days.

Example. The employee is given an irregular working day and given additional leave of three calendar days. The total duration of an employee's annual leave is 31 calendar days. At the written request of the employee, the employer may replace three days of vacation with monetary compensation.

Please note that in order to replace vacation with monetary compensation, unused annual vacations are not summed up. In other words, compensation can only be paid for those vacation days that exceed 28 calendar days of each annual vacation.

For example, the duration of an employee’s vacation is 28 calendar days. The employee has not used vacation for two years and has accumulated 56 days of vacation. In this situation, it is impossible to replace vacation with monetary compensation, since the duration of vacation for each year does not exceed 28 calendar days.

Keep in mind that for certain categories of employees, replacing vacation with monetary compensation is generally prohibited. Regardless of the duration of the main and additional leave, it cannot be replaced with compensation:

Pregnant women;

For minor workers.

And employees employed in jobs with harmful or dangerous working conditions are prohibited from paying compensation in exchange for additional leave (part three of Article 126 of the Labor Code of the Russian Federation).

When an employee has not used vacation for a long time and providing a fairly long rest is impossible from a practical point of view, many employers deal with the current situation in the following way. The employee is offered to terminate the employment contract. At the same time, he is paid compensation for all unused vacations and the next day after dismissal, the employee is rehired.

Let us note that despite the fact that in this situation there are no violations of labor legislation, to apply this method it is necessary that the employee and the employer have a trusting relationship.

Responsibility for not providing leave

For failure to provide annual paid leave, the employer may be held administratively liable on the basis of Article 5.27 of the Code of Administrative Offenses of the Russian Federation. For officials, punishment is provided in the form of a warning or a fine in the amount of 1,000 to 5,000 rubles. The fine for an organization is from 30,000 to 50,000 rubles.

Keep in mind that if long-term work without vacation is not an isolated case in the organization, but an accepted practice, the labor inspector has the right to regard the failure to provide vacation to each employee as a separate violation. Accordingly, the amount of the fine will depend on how many employees did not use their vacation in a timely manner (Resolution of the Supreme Court of the Russian Federation dated August 15, 2014 No. 60-AD14-11).

State Labor Inspectorate

The Labor Code of the Russian Federation enshrines the provision on basic paid leave.

Every worker has the right not to attend work for a certain number of days during the year. But for a number of reasons, the employee does not always manage to do this. An employee who has maintained his job for 12 months can take time off next year. The reasons for this vary. Sometimes employees themselves ignore their right to rest at home. But you can receive monetary compensation only in cases established by law.

The right to rest, granted every year, is enshrined in article. The duration of this period is 28 days. There are categories of citizens who are entitled to additional rest. This is also possible for certain specialties and professions. The employee has the right to divide his rest time into parts. In this case, the condition must be met that one half must be at least 14 days.

The remaining time can be divided as desired, choosing at least 2 days at home during the year. If you managed to save a few days and they were not used, will they be lost? Or will you be able to use your vacation time later? Are there cases when unused vacation is lost?

What is meant by unused vacation?

The so-called non-vacation leave is a vacation due to employees for 12 months, which could not be used for some reason. Since some employees have the right to be absent from the workplace not for 28 days, but longer, since they have additional or extended rest, it is not at all a fact that during the year they will take all the time allotted to them. It must be remembered that all accumulated days can only be used within the next 12 months, and nothing more. After another 365 days, you will no longer be able to use this right. Employers cannot keep a person at work without rest for more than two years. But where will the unused vacation days go, and if quite a lot of them have accumulated? They remain and don’t go away, but you won’t be able to use them the way you want.

In general, unused vacation can be successfully used over the next 12 months. And then you will have to forget about it until the day of dismissal. After this day comes, the person will receive compensation for all accumulated early days. What are the reasons that unfilled vacations may appear? Of course, only good reasons will force a worker to remain at work without the rest he is entitled to. Transfer to another year is possible:

• thanks to ;
• thanks to the initiative of the worker.

The reasons for an employee’s refusal to take a vacation are recorded in personnel records, because if there are no serious reasons to stay at work, then there is no reason to miss another vacation. If the employee himself asks the employer to postpone the required days of inactivity to the next year, then the reasons may be as follows:

• family circumstances;
• deterioration of the employee's health.

If you haven’t taken the required days off over the past period of time, then perhaps this is due to the employer’s initiative caused by the following reasons:

• the impossibility of transferring the work of this employee to someone else;
• reorganization of the employer;
• checks in the organization;
• fulfilling the duties of a manager.

The reasons stated above are enshrined in.

Will holidays for previous periods be cancelled?

In some cases, it is to the employer’s advantage that a valuable employee does not rest at all.

But for two years in a row this is impossible. If people work in hazardous industries or are under 18 years of age, then they must be able to be at home for a certain time every 12 months. These provisions are enshrined in Art. 124 Labor Code of the Russian Federation.

To understand whether unused vacation is lost, you need to take a closer look at Articles 124, 122, and 114 of the Labor Code of the Russian Federation. It says that if a worker has unused vacation for previous periods, then the right to put him to work is retained and cannot be considered missing .

Law No. 139-FZ dated July 1, 2010 ratified ILO Convention No. 132. Art. Article 9 of the Convention states that part of the annual rest, at least 2 weeks, must be taken off during the working year, the remaining time must be taken off for 18 months. There were specialists who, based on this, came to the conclusion that after 18 months the remaining days disappear. Other experts believe that unused vacation, as mentioned in Art. 9 It is clearly stated in Art. 3 of the Convention that a person has the right to a minimum prescribed period of rest each year. Therefore, due to the existing Convention in force, there is no need to worry that vacation not taken will be lost.

Rostrud specialists were asked whether unused vacation could be burned out and they answered that no. They also asked: is there a way out of the situation if the employer constantly refuses annual leave, citing the fact that there is no one to work and whether the leave for the previous years expires. The employee has the right to take all accumulated rest days from the employer for all periods of service with him. Employees took their days off for previous periods as part of the schedule for the next 12 months, or a special agreement was drawn up with the employer, which indicated exactly how the missing days could be used.

Replacement of vacation with monetary compensation

Article 126 of the Labor Code of the Russian Federation clearly states the cases when an employee can spend his well-deserved time at home instead. A certain number of unused vacation days are replaced with money. At the written request of the worker, compensation may be paid for part of the rest period exceeding 28 days. Both in 2016 and 2017, the previously accumulated days remain at the disposal of the worker and are not taken away. Unused vacations are especially useful to a person when calculating when leaving work. The longer an employee worked without rest, the more money he will receive upon dismissal. No need to worry about whether tens or hundreds of accumulated rest days are burned out. Everything will be compensated to the person upon settlement. Another question is how the debt is paid. The last 12 months of work before dismissal must be taken into account.